In its
fourth attempt to improve Title VII's effectiveness since its
enactment in 1964, Congress amends Title VII by approving the Equal
Employment Opportunity Act of 1972. The report accompanying the
bill states: "The time has come for Congress to correct the defects
in its own legislation. The promises of equal job opportunity made
in 1964 must [now] be made realities . . . ." Accordingly, the 1972
amendments are designed to give EEOC the authority to "back up" its
administrative findings and to increase the jurisdiction and reach
of the agency.

The amendments result in the following:

(1) EEOC has litigation authority. If the agency cannot secure
an acceptable conciliation agreement, it has the option of suing
nongovernment respondents -- employers, unions, and employment
agencies.

(2) Educational institutions are subject to Title VII. Congress
found that discrimination against minorities and women in the field
of education was just as pervasive as discrimination in any other
area of employment.

(3) State and local governments are no longer exempt from Title
VII. Removal of this exemption results in 10 million more employees
being immediately added to Title VII's coverage.

(4) The Federal Government is subject to Title VII. Federal
executive agencies and defined units of the other branches must
make all personnel actions free from discrimination based on race,
color, sex, religion or national origin.

(5) The number of employers covered by Title VII is increased by
reducing the number of employees (from 25 to 15) needed for an
employer to be covered by the Act.

(6) Charging parties have a longer period of time to file their
charges, 180 or 300 days rather than 90 or 210 days. Additionally,
charging parties now have 90 days rather than 30 days to file a
lawsuit after EEOC has informed them that it is no longer working
on their charge. This extension of time affords charging parties a
better chance to find a lawyer if they wish to pursue their charges
in court.

As a
result of the 1972 Amendments, the President, rather than the EEOC
Chairman, selects the agency's General Counsel. President Richard
M. Nixon nominates and the Senate confirms William Carey to be the
EEOC General Counsel.

The
Commission delegates to District Directors and Regional Directors
the authority to issue "Reasonable Cause" and "No Reasonable Cause"
Letters of Determination in those cases where the Commission has
already decided the issue involved (Commission Decision
Precedents). Up until this time, the Commission itself decided the
merits of every charge. Thus, the Commission continues to reserve
to itself the responsibility to decide every case where there is no
Commission precedent.

EEOC
amends its sex discrimination guidelines to prohibit employers from
imposing mandatory leaves of absence on pregnant women or
terminating women because they become pregnant. EEOC also states it
is sex discrimination for an employer to give women disabled by
pregnancy less favorable health insurance or disability benefits
than that provided to employees disabled by other temporary medical
conditions.